Divorced parents can experience a change in circumstances that necessitates relocation. Relocation can have a significant impact on child custody and support. Our New Jersey family law attorneys help parents address the complex custody and support issues related to relocation. Continue reading to learn more about child relocation cases in New Jersey and how a seasoned Mercer County divorce lawyer from The Law Office of Rachel S. Cotrino, LLC can assist you. Whether you’re seeking a move or you oppose the move, a child relocation lawyer from our firm can help.
Moving Away From the Other Parent in New Jersey
New Jersey’s relocation statute allows a custodial parent to relocate out of state with a child if the noncustodial parent does not object. If the noncustodial parent objects, then the custodial parent must obtain court approval before moving the child.
Prior to August 2017, the court focused on whether a proposed move would “cause harm” to a child. In August 2017, the New Jersey Supreme Court decided that the court should focus on “the child’s best interest” instead of whether the move would “cause harm” to the child. Now, a court considering a relocation request examines the same factors as when it determines custody:
- How well each parent is able to communicate, work together, and make decisions about the child
- Whether each parent is open to having custody and willing to support the child’s relationship with the other parent (absent any real safety concerns)
- The child’s relationship with each parent and any siblings
- Whether there has been any history of domestic violence
- Whether either parent or the child could be at risk of harm from the other parent
- The child’s own wishes, if they are mature enough to express a thoughtful preference
- The child’s overall physical, emotional, and developmental needs
- How stable and consistent each parent’s home environment is
- The child’s schooling and whether their education can remain consistent
- Each parent’s ability to care for and support the child
- How close the parents live to one another
- How much time each parent has spent with the child, both before and after separation
- Each parent’s work schedule and how it affects their availability
- The number of children involved and their ages
The Relocation Process
When parents agree to a relocation, the process is usually much more straightforward. However, when one parent wants to move with the child and the other parent does not agree, the matter may need to be decided by the court. In those situations, it is important to understand that a parent generally should not simply move first and deal with the legal issues later. Instead, the parent seeking the move should follow the proper legal process. In general, the relocation process in New Jersey works as follows:
- A parent decides to seek relocation. Usually, this happens because of a new job, remarriage, family support, financial reasons, educational opportunities, or some other substantial change in circumstances. Even when the reason for the move seems entirely legitimate, that does not automatically mean the court will approve it.
- The other parent is notified of the proposed move. In many cases, the parents will first discuss the relocation and try to reach an agreement. If the other parent consents, the matter may be resolved without extensive litigation, though it is still often wise to put the agreement in writing and have it properly formalized.
- If the other parent objects, a court application must be filed. When the parents cannot agree, the parent seeking to relocate must ask the court for permission. This is typically done by filing the appropriate application with the family court and explaining why the relocation is being requested.
- Both sides submit information and evidence. The parent seeking the move must present the reasons for the relocation and explain why the move is in the child’s best interests. The other parent then has the opportunity to object and explain why the move should not be allowed. This can include facts about parenting time, the child’s schooling, family ties, stability, and the likely effect the move would have on the parent-child relationship.
- The court reviews the child’s best interests. As discussed above, New Jersey courts now analyze relocation cases using the best interest factors that apply in custody matters. The court is not simply looking at whether the move is convenient for one parent. The focus is on the child, the child’s needs, and what arrangement will serve those needs going forward.
- A hearing may be required. In some cases, the court may be able to decide the issue based on the written submissions. In other cases, especially where there are major factual disputes, the court may schedule a hearing so that testimony and additional evidence can be presented.
- The court issues a decision. If the court approves the relocation, it may also enter a new parenting time schedule to address the distance between the parents. If the court denies the request, the parent may have to choose between remaining in New Jersey with the child or relocating without the child, depending on the circumstances.
Contact a Relocation Lawyer in Mercer County, New Jersey today
Whether you are planning to relocate or your child’s other parent is talking about relocation, we can help you. Contact us to schedule a consultation with an experienced New Jersey child relocation lawyer. Let us answer your questions about custody, parent relocation, and moving children.
